Education Reform in
Newfoundland and Labrador
Brief submitted on behalf of the
Government of Newfoundland and Labrador by
Roger Grimes, Minister of Education
to
Special Joint Committee to Amend Term 17 of the Terms of Union of
Newfoundland with Canada
Ottawa - November 18, 1997
TABLE OF CONTENTS
The Path to Reform and the Need to
Amend Term 17
1. The Original Term 17
2. Amendment of Term 17, 1996 - 97
3. The Need for Amendment of Term 17
4. The Proposed New Term 17
The Effects of Reform on
Minority Rights
1. Classes Having Rights under the Current Term 17
2. Classes Having No Rights under the Current Term 17
3. Accommodation for Those Who Prefer Not to Avail of
Religious Education or Observances
How Will These Changes Affect
Rights in Other Provinces?
1. The Relationship Between Term 17 and Section 93
2. The Constitution as a Living Document
The Role of Religious Education
and Religious Observances
Conclusions
The Path to Reform
and the Need to Amend Term 17
The education system in Newfoundland and Labrador is
unlike that of any other province. To fully appreciate the need
for reform, it is necessary to understand the structure of the
system as it was before the most recent amendment to Term 17 and
as it is now.
1. The Original Term 17
a. The Roots of the Denominational School System
The original Term 17, enacted in 1949, guaranteed a system
of education based on religious denomination. Publicly funded
schools were operated by several denominations. There was no
non-denominational public school system similar to the
systems in the other Canadian provinces.
In 1969, four of the denominations, Anglican,
Presbyterian, Salvation Army and United Church, joined forces
to establish one "integrated" system of schools,
operated on behalf of these denominations. A subsequent
constitutional amendment, in 1987, added the Pentecostal
Assemblies of Newfoundland as a class with denominational
education rights under the Term.
As of 1987, there were four separate denominational school
systems. They were operated by the Integrated, Pentecostal,
Roman Catholic and Seventh Day Adventist classes. Under this
arrangement there were 27 denominational school boards which
operated approximately 550 schools to provide an education
program for about 140,000 students. There was no
non-denominational system. These denominations made decisions
with respect to the appointment of school board members, the
location of schools, the certification and the selection of
teachers and all other decisions required for the
administration of education.
b. Williams Royal Commission
In 1990, the Williams Royal Commission, was appointed to
study the delivery of programs and services in primary,
elementary and secondary schools in the Province. After
extensive public consultation, the Commission, reporting in
March 1992, concluded that the Province's education system
should be fundamentally and substantially reformed. A number
of the recommendations suggested significant changes to the
powers exercised by the denominations with respect to the
administration of schools. For nearly three years, government
sought, unsuccessfully, to reach agreement with the
denominations to restructure the school system.
2. Amendment of Term 17, 1996 - 97
On September 5, 1995, when it became apparent that
agreement on proposed reforms could not be reached with the
denominations, government sought the opinion of the people,
in a referendum, to amend Term 17. By a majority of 55%, the
people of Newfoundland and Labrador, voted to accept a new
model for education, one that would retain the denominational
character of the current system, but which would provide the
provincial legislature with additional powers to organize and
administer education in the Province.
In October, 1995, the provincial legislature passed a
resolution to amend Term 17, adopting the model that had been
presented during the referendum. In December 1996, the final
resolution necessary to amend the Term was passed by
Parliament in accordance with section 43 of the Constitution
Act, 1982. The amendment was proclaimed April 21, 1997.
Under the amended Term, which is currently in force, all
publicly funded schools are "denominational
schools." Rights under the Term are restricted to the
classes that held rights at the time of Union together with
the Pentecostal class.
The Term provides for two types of schools:
i. Schools operated for children of all denominations
(called interdenominational), and
ii. Schools operated for children of a single denomination
(called uni-denominational).
In uni-denominational schools, the
denomination has authority over the provision of religious
education, activities and observances, as well as the right
to direct the teaching of aspects of the curriculum affecting
religious beliefs, student admission policy and the
assignment and dismissal of teachers for that school. In interdenominational
schools, each denomination has the right to provide
for religious education, activities and observances for the
children of that particular class in the school.
In addition, the Term provides for election of school
boards on a denominational basis. The classes having rights
under the Term can require that two thirds of the school
trustees be elected by denomination. Because the number of
trustees of each denomination for each district depends on
the population of the denomination in that district, each
district has a unique composition of trustees. (See Appendix A.)
Unfortunately, this Term has proven to be unworkable. A
fundamental difficulty has resulted from the denominational
composition of the boards. In many cases, the boards have
been unable to reach a consensus regarding the organization
of schools. Ultimately, decisions made by boards regarding
the closure and consolidation of schools resulted in legal
action being brought by the Pentecostal and Roman Catholic
denominations. The Court granted an injunction prohibiting
school boards from closing Pentecostal or Roman Catholic
schools without the consent of the denominations. This action
effectively removed the school boards' authority to organize
and consolidate the school system, and placed it in the hands
of people who are accountable only to the denominations. In
his decision, Mr. Justice Leo Barry of the Supreme Court of
Newfoundland stated: "We've accepted a less than
optimal standard of education by opting to preserve at least
some of the denominational system of education. This
statement is made not as a criticism but as a matter of
fact."
The organization of high schools in the communities of
Lewisporte and Bell Island provide helpful examples. In
Lewisporte students attend one of 2 schools, Integrated or
Pentecostal. On Bell Island, students attend an Integrated or
a Roman Catholic school. Last spring, the school boards
decided to operate one high school in each of these
communities. All the high school students would attend the
same school and have access to a wider variety of courses and
a more enriched program than is available in the 2 smaller
schools and all the students could be accommodated in one of
the existing buildings. However, the plan could not be
implemented because the Church leaders would not consent to
the reorganization.
Another problem has been unnecessary busing of students.
For example, Roman Catholic students in Carbonear travel to
Harbour Grace to attend school. Along the way their bus
passes another bus traveling in the opposite direction
carrying the Integrated students from Harbour Grace to school
in Carbonear. It would make much more sense for these two
groups of students to attend school in their own communities.
Similar circumstances are repeated in many communities
throughout this Province.
3. The Need for Amendment of Term 17
Based on the events since 1992, government concluded that
it was not possible to maintain its commitment to achieve the
education reform necessary to shape our future if that reform
continues to be tied to a denominational system that shaped
our past. During the last five years every effort that
government has made to reconcile education reform with
denominational rights has ended in confusion and conflict.
As a result, government determined that the proper course
of action was to offer a new alternative, and to seek the
view of the people of the Province regarding that option.
4. The Proposed New Term 17
On July 31, 1997 Premier Brian Tobin announced that a
provincial referendum would be held on September 2, 1997 and
the people would be asked the following question:
Do you support a single school system where
all children, regardless of their religious affiliation,
attend the same schools where opportunities for religious
education and observances are provided?
On August 25, 1997, the wording of the proposed new Term
17 was released for consideration by the public:
17. (1) In lieu of section ninety-three of the
Constitution Act, 1867,
this term shall apply in respect of the Province of
Newfoundland.
(2) In and for the Province of Newfoundland,
the Legislature shall have exclusive authority to make
laws in relation to education, but shall provide for
courses in religion that are not specific to a religious
denomination.
(3) Religious observances shall be permitted
in a school where requested by parents.
The result of the referendum was resounding support for
the proposed new Term, with 73% answering the question,
"Yes". An analysis of the results of the referendum
clearly indicates that people of all religious persuasions
supported this proposal. In only one of 48 districts was
there a majority "No" vote (Placentia & St.
Mary's: 43.8% voted "yes", 56.2% voted
"no"). In all other parts of the Province,
including where the majority of people are Roman Catholic,
the majority voted "yes".
On September 5, 1997 the House of Assembly unanimously
passed a resolution to amend Term 17 to permit the
establishment of the school system that was so strongly
endorsed by the people in the referendum.
The Effects of
Reform on Minority Rights
1. Classes Having Rights under the Current Term 17
The results of the September 2, 1997
referendum indicate that a large majority of the people in
the Province, including the majority of Roman Catholics,
agree with the replacement of Term 17 with the new Term. The
numbers of "yes" votes across the Province are
indicative of the strength of endorsement by the voters.
|
Yes |
No |
Total |
Votes |
149,315 |
56,020 |
205,705 |
Percentage |
72.7% |
27.3% |
100% |
There were 370 rejected ballots.
The leaders of the Churches in Integration have supported
the change to Term 17. In addition, the referendum results
support the conclusion that the majority of Roman Catholics
also voted "yes". A majority of voters in all but
one of forty-eight districts voted "yes" in the
referendum. (See Appendix B)
Of the forty-seven districts that voted "yes",
several have a majority of Roman Catholics. Since it can be
assumed that those opposed to the amendment would have been
most likely to vote, the results strongly suggest that the
majority of Roman Catholics endorsed the new Term. It should
also be noted that the provincial electoral districts with
the highest concentration of Pentecostals, voted
"yes".
In the one district where the majority voted
"no", the difference was not substantial, with
56.2% voting "no" and 43.8% voting "yes"
(Placentia & St. Mary's). Further, the result in
Placentia & St. Mary's may be contrasted with the results
in the 1995 referendum when the vote in Placentia was 70.9%
"no" and 28.9% "yes", and the vote in St.
Mary's-The Capes was 80.4% "no" and 19.4%
"yes". This significant difference in results
demonstrates a substantial shift in attitude over the past 2
years.
Despite the results of the referendum, the Roman Catholic
bishops have launched a court challenge to the amendment of
the Term. However, it should be noted that the Pentecostal
Assemblies have not taken a similar action. The inference
follows that the members of the Pentecostal Assemblies are
satisfied that the referendum results should be respected,
and that reform should proceed.
2. Classes Having No Rights under the Current Term 17
The government of Newfoundland and Labrador and the
majority of people of this Province are anxious to build an
education system that is fair and equitable for each and
every student. Currently, Term 17 extends rights only to
certain denominational classes. The new Term 17 will include
all classes.
The following chart which is based on the 1991 census
figures illustrates the breakdown by denomination of the
general population. Roman Catholics form the largest group,
followed by the Anglican and United Churches.
Denominational
Membership as a Percentage of the Total Provincial
Population |
Denomination |
Rights
Holders |
Non
Rights Holders |
Roman Catholic |
37.0% |
|
Anglican |
26.2% |
United Church |
17.3% |
Salvation Army |
7.9% |
Pentecostal |
7.1% |
Presbyterian |
0.4% |
Seventh-day Adventist |
0.1% |
Jehovah's Witness |
|
0.4% |
Moravian |
0.4% |
Baptist |
0.2% |
Other Religions |
1.3% |
No Religious Affiliation |
1.6% |
It is clear that many minorities have no denominational
rights in education in our Province. It is equally clear that
for the Roman Catholic community to argue that it is a
religious minority is specious. The proposed amendment will
enable government to create a school system where all are
treated equally, where each and every person in the Province
will be able to participate equally in the governance of
education, and where all parents will be able to exercise the
right to access religious education and religious observances
for their children.
We do not believe segregation by religion is an
appropriate way to promote tolerance and understanding of
minority groups in today's society. In today's society we do
not hire or fire workers on the basis of religion, elect
politicians on the basis of religion, or appoint judges on
the basis of religion. Segregation on the basis of religion
does not exist in any other part of our society. We believe
children should have the opportunity to play together and
learn together to prepare them as adults to live and work
together.
3. Accommodation for Those Who Prefer Not to Avail of
Religious Education or Observances
Under the new Term 17, parents will be able to choose
whether their children will participate in religious
education courses and religious observances. This will ensure
freedom of religion for all. The Term says that the
legislature "shall provide for courses in
religion". The onus is on the legislature to ensure that
such courses are available. However, the Term does not
preclude parents from withdrawing their children from
participation in those courses. Similarly, the right to
religious observances depends on parental request. Those
parents who do not wish their children to participate in
religious observances will be free to make that choice.
How Will These
Changes Affect Rights in Other Provinces?
Those who are of the opinion that the proposed amendment
to Term 17 will affect denominational education rights in
other provinces, usually refer to language in section 93 of
the Constitution Act, 1867 which specifies that
provincial legislation regarding education cannot
prejudicially affect a right or privilege with respect to
denominational schools held by a class of persons at the time
of Union. In order to explain the Province's position it is
helpful to focus on two main themes: the situation across the
country as it was and as it currently exists, and the
fundamental Rule of Law that the Constitution of Canada is a
living document which is open to amendment in accordance with
the Constitution Act, 1982.
1. The Relationship Between Term 17 and Section 93
Section 93 specifies that provincial legislation regarding
education cannot prejudicially affect a right or privilege
with respect to denominational schools held by a class of
persons at the time of Union. When Newfoundland and Labrador
joined Confederation in 1949, a special provision, Term 17,
tailored to the circumstances in this Province, was enacted
in place of section 93. That Term did not provide protections
for the Roman Catholic or Protestant minority as was the case
in other provinces. Instead, Term 17 guaranteed a system of
education, publicly funded, but governed and operated by
seven specific denominations. There has never been a public
school system in this Province as there is in all other
provinces. It is important to keep these differences in mind
when applying the general statement, coming out of section
93, that rights with respect to denominational schools held
at the time of Union cannot be prejudicially affected. The
rights protected in Newfoundland and Labrador are
fundamentally different and not comparable to the rights that
were guaranteed in other provinces. Consequently, a statement
regarding rights that applies generally to other provinces
cannot fairly be applied to Newfoundland and Labrador.
In addition, it is helpful to review the situation across
the country:
i. Based on section 93, Ontario and Quebec have
constitutionally guaranteed rights with respect to
denominational (Roman Catholic and Protestant) schools.
ii. Section 93 also applies to Nova Scotia, New
Brunswick, British Columbia, and Prince Edward Island.
None of these provinces actually exercises rights with
respect to denominational schools since they had no such
rights when they joined Confederation. In other words,
they had no denominational schools, and hence no rights
that could be prejudicially affected.
iii. In Manitoba, where Term 22 replaced section 93,
in the 1890's, as a result of judicial decisions and
legislative action, tax supported separate schools were
eliminated.
Term 17, applicable in Newfoundland and Labrador, was
amended in 1996 -97. That amendment removed language that
defined rights in terms of prejudicially affecting rights
held by certain denominations at a particular point in time.
Instead, the denominational education rights that were to be
constitutionally guaranteed were specified in the Term.
Unfortunately, the compromise inherent in that amendment has
proven unworkable. It has resulted in chaos, confusion and
tension to the detriment of the students, parents and
teachers of this Province. Accordingly, the Province is
seeking to replace the current Term 17 with a new Term that
will provide for a single school system in which all children
will attend the same schools, but where opportunities will be
provided for religious education classes and religious
observances. The people of the Province soundly endorsed this
move in the Referendum held on September 2, 1997.
The prohibition against prejudicially affecting
denominational education rights held by any class of persons
at the time of Union never applied in Nova Scotia, New
Brunswick, or Prince Edward Island, and ceased to apply in
Newfoundland and Labrador on April 21, 1997. In Manitoba, the
right to tax supported denominational schools was eliminated
in the last century. Quebec is currently seeking a change to
the application of section 93 to that Province. Only Alberta,
Manitoba, and Ontario are satisfied to retain the status quo.
It is open to them, under the Constitution, to do so.
2. The Constitution as a Living Document
The Rule of Law includes a recognition that the
Constitution is a living document, a document which
accommodates change, rather than locking society into a
situation that existed decades ago.
For example, if Newfoundland and Labrador was held to the
standard of not prejudicially affecting a right with respect
to denominational schools held at the time of Union, the
Province would be constitutionally required to provide in
perpetuity for publicly funded denominational schools for as
many as eight specific denominations outside of a
"public" school system. Until the most recent
amendment of the Term, there were four separate
denominational systems.
Similarly, if other provinces were to be held to the
standard of not prejudicially affecting a right with respect
to denominational schools held at the time of Union, it would
be impossible to move forward and accommodate changing times.
The Constitution itself recognizes the absurdity of such a
result, and provides for an amending formula to permit growth
and change in the Constitution. To lock a constitutional
provision in time cannot be right in principle or in law.
The Role of
Religious Education and Religious Observances
The government believes that religious education courses
contribute significantly to the development of moral values
and ethical conduct and that religion programs and religious
observances contribute to the overall development of the
child. The religious education program provided in accordance
with Term 17 will not be directed to a particular
denomination. Rather, it will be designed to help students:
- understand the interdependence of oneself,
society, and all of creation, with God;
- understand revelation through God's creation,
God's Word, and human history as key elements in
religious traditions;
- understand the faith and convictions within world
religions; and
- gain a respect for minority communities.
A framework for the K-12 religious education program will
be developed by a team of curriculum specialists and
teachers. Stakeholders, including representatives of various
denominations will be consulted. Following the completion of
the framework, working groups consisting of teachers and
curriculum specialists will prepare detailed curricula, in
both official languages, for each grade level.
While not guaranteed under the proposed new Term, there is
provision for locally developed religious education courses
under the Department of Education's current local course
policy. Where the school board determines that such a local
course would be desirable, there can be locally developed,
denominationally specific religious education courses offered
in a school.
As a result, there are two ways in which parents can have
their children receive specific religious instruction in
their faith: through local churches, or through local courses
offered at the school.
Finally, as noted above, the parents will have the choice
as to whether their children will participate in the religion
courses that are offered as part of the curriculum, and
whether they will attend particular religious observances
that are made available in the schools.
Conclusion
For the last five years, the government of Newfoundland
and Labrador has attempted to reform the organization and
administration of schools in order to provide a modern school
system which will prepare our children for the 21st
century. For the last five years we have faced frustration at
every turn. We no longer want teachers hired or fired on the
basis of religion. We no longer want school board members
elected on the basis of religion. It's time to allow all of
our children, of every denomination, to sit in the same
classroom, in the same schools, to ride the same bus, to play
on the same sports teams, to "live" and
"learn" together in the same community. We want to
create such a school system where all of our children learn
together and where opportunities are provided to all
denominations for religious education and observances.
Education reform in Newfoundland and Labrador must be
allowed to proceed. It is imperative that in these times of
rapidly declining student enrollments and increasingly scarce
resources, the current complex denominationally based system
be fundamentally redesigned for educational excellence and
fiscal responsibility. The children of the Province deserve
no less.
APPENDIX A
School
District
|
DENOMINATIONAL
REPRESENTATION
Roman Catholic
Integrated Pentecostal
|
At Large |
1 |
5 |
6 |
1 |
6 |
2 |
3 |
7 |
2 |
6 |
3 |
3 |
8 |
1 |
6 |
4 |
6 |
6 |
0 |
6 |
5 |
3 |
7 |
2 |
6 |
6 |
2 |
8 |
2 |
6 |
7 |
6 |
6 |
0 |
6 |
8 |
2 |
9 |
1 |
6 |
9 |
5 |
6 |
1 |
6 |
10 |
7 |
5 |
0 |
6 |
APPENDIX B
SEPTEMBER
2, 1997 PLEBISCITE OFFICIAL RESULTS
|